Tensions flared in Geldenhuys Street, Carletonville Extension 9, last week when a security team acting on behalf of mining company Sibanye-Stillwater tried to evict alleged unlawful occupants from a house — without a valid court order.

The incident occurred around 08:00 when the security guards arrived and ordered the residents out of the property. “They knocked on the door and told us to get out. They then put up their own locks,” said Unathi Nkabinde, who claims to have occupied the house with his family since January.

According to Nkabinde, the house was standing open when they moved in. Within two days, Sibanye-Stillwater allegedly notified them that the property belonged to the company and that they were occupying it unlawfully.

Soon after the attempted eviction, a group of Economic Freedom Fighters (EFF) supporters gathered at the property in support of Nkabinde’s family. By midday, the family had moved back into the house.

Although members of the Carletonville SAPS were present at the scene, they reportedly left after the security team failed to produce a valid court eviction order.

A senior police official later confirmed that SAPS does not have the authority to conduct or enforce evictions. “Only a Sheriff of the Court may enforce a valid court-ordered eviction, and SAPS may only assist when requested by the Sheriff,” the official said.

Legal background: Eviction must follow due process

The South African Human Rights Commission (SAHRC) and relevant legal frameworks — including the Constitution, PIE Act, and ESTA — make it clear that no person may be evicted from their home without a court order.

• Section 26 of the Constitution protects against arbitrary eviction.

• The Prevention of Illegal Eviction and Unlawful Occupation of Land Act (PIE Act) stipulates that an eviction must be “just and equitable,” considering vulnerable persons such as the elderly, children, and disabled individuals.

• The Extension of Security of Tenure Act (ESTA) applies only to people who have lived on rural or agricultural land with permission, and does not apply to people living in proclaimed townships or urban areas like Extension 9.

Despite Nkabinde and his supporters claiming to have initiated court proceedings earlier this year, no documentation confirming this could be provided to The Herald before publication.

Meanwhile, residents and activists alike are calling for clarity on property rights and lawful procedures. “If this is allowed, it could open the door to intimidation of vulnerable families,” Nkabinde said.